Act No. 375 / 2007 Coll.
Act amending Act No. 452 / 2001 Coll., on the Protection of Designations of Origin and Geographical Indications and amending the Consumer Protection Act, as amended
Valid
Law
Effective from 31.12.2007
Text versions:
31.12.2007
375
THE LAW
of 6 December 2007
amending Act No. 452 / 2001 Coll., on the Protection of Designations of Origin and Geographical Indications and amending the Consumer Protection Act, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 452 / 2001 Coll., on the protection of designations of origin and geographical indications and amending the Consumer Protection Act, as amended by Act No. 131 / 2003 Coll., Act No. 501 / 2004 Coll. and Act No. 221 / 2006 Coll., is amended as follows:
1. In Section 1, the words "in the Czech Republic" shall be inserted after the word "to obtain."
2. In Article 1, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Act further regulates the provisions of the Act following the directly applicable regulation of the European Communities concerning the protection of geographical indications and designations of origin for agricultural products and foodstuffs (hereinafter referred to as" the directly applicable Community regulation ').
(a) powers of the administrative authorities to carry out activities directly applicable in the Community by the Member State;
(b) the procedure for applying for registration of a designation of origin or geographical indication of agricultural products or foodstuffs produced or processed or prepared in the territory situated in the Czech Republic to the Register of protected designations of origin and protected geographical indications kept by the Commission (1a);
(c) the procedure for amending the specification;
(d) the procedure for applying for the revocation of a designation of origin or a geographical indication in the Register of protected designations of origin and protected geographical indications kept by the Commission (1a).
1) Council Regulation (EC) No 510 / 2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.
(1a) Article 211 to 219 of the Treaty establishing the European Community. "
footnote 1 shall be renumbered footnote 1b, including the footnote references.
3. Title VII, including the title and footnotes No 7 and 8 shall read as follows:
INVESTIGATION AND POSITION OF REQUESTS FOR THE REGISTRATION OF ORIGIN MARKS AND GEOGRAPHICAL MARKS UNDER DIRECTLY APPLICABLE COMMUNITY REGULATION
The authorities of the Czech Republic, which carry out tasks under the directly applicable Community rules, are the Office and the Ministry of Agriculture, with the exception of activities carried out by the inspection bodies provided for in Section 10 (1).
Application for registration of a designation of origin and a geographical indication
(1) An application for registration of a designation of origin or geographical indication (hereinafter referred to as "the designation") pursuant to a directly applicable Community regulation (hereinafter referred to as "the application for a Community registration") concerning an agricultural product or foodstuff produced or processed or prepared in a territory situated in the Czech Republic and used in the Czech Republic in relation to an agricultural product or foodstuff shall be submitted to the Office.
(2) The application for Community registration must be accompanied by the documents required by the directly applicable Community regulation and by the binding finding of the inspection authority.
(3) If the Community registration application is not accompanied by the documents referred to in paragraph 2, the Office shall invite the applicant to remedy the deficiencies within 2 months. If the applicant does not remedy the deficiencies, the Office shall suspend the proceedings.
(4) The Office will ask the Ministry of Agriculture to comment on the application for Community registration if the designation of which registration is sought does not contain a name which has become generic, a name of a variety of plants or of a breed of animals, or a name of homonymous. It shall set a time limit which shall not be less than 10 days. If the Ministry of Agriculture does not comment within the time limit set, it shall be deemed not to have any comments on the application submitted.
(5) Where the application for a Community registration contains names:
(a) have become generic;
(b) are identical to the trade mark, with the name of the variety of plants or of the breed of animals; or
(c) are homonymous
and which, as a result, might mislead consumers about the true origin of the agricultural product or foodstuff, the Office shall reject the application for Community registration.
(6) Where the application for a Community registration relates to a name identifying a geographical area which also affects the territory of another Member State of the European Communities, natural or legal persons established or natural persons residing in the territory of that State shall have the same rights in proceedings before the Office as natural or legal persons established or natural persons residing in the territory of the Czech Republic.
Application for Community registration, which shall be accompanied by documents in accordance with the provisions of the directly applicable Community law and this law and where the indication therein is not excluded from the registration in accordance with the directly applicable Community law, the Office shall:
(a) publish, with an indication of the essential information required by the directly applicable Community Regulation on the application lodged in the Bulletin and a statement that any natural or legal person established or having a legitimate interest in the territory of the Czech Republic may object to the application for Community registration, and
(b) land for a period of 3 months for public consultation.
Objections
(1) Objections shall be made in writing within 3 months of the date of publication of the application for Community registration in the Bulletin pursuant to Article 20. The objections shall state the reasons and shall state the evidence that the designation for which registration is sought does not comply with the conditions laid down in the directly applicable Community Regulation for registration in the Register of protected designations of origin and protected geographical indications kept by the Commission (1a). The Office shall inform the Ministry of Agriculture of the objections submitted.
(2) If the opposing party does not prove that he is a person with a legitimate interest, the Office shall reject the opposition by decision.
(3) Within 15 days of the date of receipt of the objections referred to in paragraph 1, the Office shall, where appropriate, submit to the applicant a decision on their admissibility to comment, inviting the applicant, at the same time, to resolve the dispute by conciliation. To this end, the Office shall set a reasonable period which shall not be less than 15 days. In the event that the contradiction between the applicant and the objector has been removed, the opposition shall be deemed to have been withdrawn.
(4) If the proceedings referred to in paragraph 3 fail to resolve the dispute, the Office shall, where the opposition concerns the facts referred to in paragraph 19 (4), request the Ministry of Agriculture to comment on the grounds of the objection. It shall set a time limit which shall not be less than 10 days. The Office shall decide on the objections after receiving the observations of the Ministry of Agriculture or after the deadline for the observations has expired in vain. If the Ministry of Agriculture does not comment within the time limit set, it shall be deemed not to have any comments on the application submitted.
(5) Where objections concern the specification of an agricultural product or foodstuff, such as the link between an agricultural product or a foodstuff and the geographical environment in which the agricultural product or foodstuff is produced or processed or prepared, the Office shall request the inspection authority to issue a binding finding for the purpose of forwarding a Community registration application.
(6) The inspection authority shall submit the binding finding referred to in paragraph 5 within 2 months of the date on which the complete file of the application for Community registration is submitted to it by the Authority.
(7) If the opposition lodged against a request for Community registration is justified under a directly applicable Community regulation, the Office shall reject the application for a Community registration and shall not refer it to the Commission for further proceedings (1a).
(1) Where a request for Community registration complies with the conditions laid down directly by the applicable Community regulation and where no objections have been raised to the application for Community registration before the Office or where the opposition is not in accordance with the directly applicable Community regulation, the Office shall decide on the referral of the application for Community registration, together with the declaration required by the directly applicable Community regulation to Commission 1a) for further proceedings.
(2) The decision to refer the application for Community registration to the Office will be served by a public decree (7). The decision shall be deemed to have been delivered on the day following the publication on the official plate of the Office. Any natural or legal person established or resident in the Czech Republic who proves a legitimate interest may oppose this decision. The decomposition period shall begin on the date of publication of the decision.
(3) If a request for Community registration is referred to the Commission for further management (1a), the Authority will at the same time make the specifications available on its website.
Amendment of the specification
(1) Any natural or legal person established or resident in the territory of the Czech Republic, having a designation of an agricultural product or a foodstuff produced or processed or prepared in a territory situated in the Czech Republic, in the Register of protected designations of origin and protected geographical indications kept by the Commission (1a) (hereinafter referred to as the "national holder of a Community designation"), and which demonstrates a legitimate interest, may submit to the Office an application for amendment to the specification of its designation.
(2) The Authority will interpret the amendment of the specification for a period of 3 months for public consultation and publish the request for amendment of the specification in the Bulletin with a notice that it may object to the amendment of the specification within 3 months of the date of such publication. The objections shall state the reasons and shall state the evidence that the amended specification does not comply with the conditions laid down in the directly applicable Community Regulation for registration in the Register of protected designations of origin and protected geographical indications kept by the Commission (1a).
(3) If the opposing party does not prove that he is a person with a legitimate interest, the Office shall reject the opposition by decision.
(4) Within 15 days of the date of receipt of the opposition or, where appropriate, from the legal authority, the Office shall submit a decision on the admissibility of the opposition to the national Community mark holder for observations, inviting the Office to remove the dispute by conciliation. To this end, the Office shall set a reasonable period which shall not be less than 15 days. In the event that the contradiction between the applicant and the objector has been removed, the opposition shall be deemed to have been withdrawn.
(5) If the proceedings referred to in paragraph 4 fail to resolve the conflict, the Office shall decide on the objections on the basis of a binding finding by the supervisory authority that the conditions for amending the specification laid down by the directly applicable Community regulation, which shall issue it within 2 months of the date on which the Authority submits to it a complete file of the request for amendment of the specification.
(6) If the objections raised against the request for amendment of the specification are justified pursuant to a directly applicable Community Regulation, the Office shall reject the request for amendment of the specification and shall not forward it to the Commission for further proceedings (1a).
(7) Where an application for amendment of the specification fulfils the conditions laid down directly by the applicable Community regulation and where no objections have been raised to the application for amendment of the specification with the Office, or where the Office finds that the objections raised are not in accordance with the directly applicable Community regulation, it shall decide to refer the request for amendment of the specification to the Commission, together with a declaration required by the directly applicable Community regulation (1a) for further proceedings.
(8) The decision to refer the application for amendment of the specification to the Office will be served by a public decree (7). The decision shall be deemed to have been delivered on the day following the publication on the official plate of the Office. Any natural or legal person established or resident in the Czech Republic who proves a legitimate interest may oppose this decision. The decomposition period shall begin on the date of publication of the decision.
(9) If an application for amendment of the specification is submitted to the Commission for further management (1a), the Authority will make the amended specification available on its website at the same time.
Request for revocation
(1) Any natural or legal person established or natural person residing in the territory of the Czech Republic who demonstrates a legitimate interest may submit to the Office a duly substantiated request for the cancellation of the registration of a mark under the directly applicable Community Regulation (hereinafter referred to as "Community registration") relating to an agricultural product or food produced or processed or prepared in a territory situated in the Czech Republic, in particular because the agricultural product or foodstuff does not comply with the specifications.
(2) The application referred to in paragraph 1 shall be published by the Office in the Bulletin notifying that objections to the application for revocation of the Community registration may be raised by any person who proves a legitimate interest within 3 months of the date of publication of the application. The objections shall state the reasons and shall support evidence showing that the registered designation complies with the conditions laid down in the directly applicable Community Regulation for registration in the Register of protected designations of origin and protected geographical indications kept by the Commission (1a).
(3) If the opposing party does not prove that he is a person with a legitimate interest, the Office shall reject the opposition by decision.
(4) The Office shall, within 15 days of the date of receipt of the opposition or, where appropriate, of the decision on the admissibility of the opposition, submit a request to the national holder of a Community mark for observations, including the objections submitted, in accordance with paragraph 2, and shall at the same time invite the Office to remove the objection by amicable negotiation with the applicant for revocation of the Community registration and with the alleging contradiction. To this end, the Office shall set a reasonable period which shall not be less than 15 days. In the event that the contradiction between the applicant, the domestic holder of the Community label and the objector has been removed, the application shall be deemed to have been withdrawn.
(5) If the conduct referred to in paragraph 4 fails to resolve the discrepancy and the reason for the cancellation of the Community registration lies in the specification of the agricultural product or foodstuff, such as the link between the agricultural product or foodstuff and the geographical environment in which the agricultural product or foodstuff is produced or processed or prepared, the Authority shall request the inspection authority to issue a binding finding on compliance with the conditions laid down in the directly applicable Community regulation.
(6) The inspection authority shall issue a binding finding in accordance with paragraph 5 within 2 months of the date on which the Office submits to it a complete file of the request for the cancellation of the Community registration.
(7) If the mark does not comply with the conditions laid down in the directly applicable Community regulation, the Office shall forward a request for the repeal of the Community registration to the Commission (1a) for further proceedings. Otherwise, it shall reject the application.
(8) The decision to refer the application for annulment of the Community registration will be served by the Office by a public decree (7). The decision shall be deemed to have been delivered on the day following the publication on the official plate of the Office. Any natural or legal person established or resident in the Czech Republic who proves a legitimate interest may oppose this decision. The decomposition period shall begin on the date of publication of the decision.
Opposition against a request for a Community registration, amendment of the specification and cancellation of a Community registration and a request for the cancellation of a Community registration of a designation originating in another State
(1) The objections of natural or legal persons established or natural persons residing in the Czech Republic to the application for a Community registration, objections to the application for revocation of a Community registration and objections to the application for amendment of the specification of a designation which comes from another State to be applied in proceedings before the Commission (1a) shall be lodged with the Office no later than 1 month before the expiry of the time limit (8) laid down by the directly applicable Community regulation. If the objections concern the facts referred to in Paragraph 19 (4), the Office shall request the opinion of the Ministry of Agriculture before referring the objections to the Commission (1a). It shall set a time limit which shall not be less than 10 days. The Office shall not refer to the Commission (1a) objections lodged after the deadline; The Office shall inform the objector thereof.
(2) The application of natural or legal persons established or natural persons residing in the Czech Republic to cancel the Community registration of a designation originating in another State shall be submitted via the Office.
7) § 25 of Act No. 500 / 2004 Coll., Administrative Regulation.
8) Article 7 (1) of Council Regulation (EC) No 510 / 2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs. "
Efficacy
This Act shall take effect on the day of its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 375 / 2007 Coll., amending Act No. 452 / 2001 Coll., on the Protection of Designations of Origin and Geographical Indications and amending the Consumer Protection Act, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2007 |
|---|---|
| Effective from | 31.12.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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